HomeMy WebLinkAbout2010-02-16 Ordinanceis
Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5251
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 132 ACRES OF LAND FROM COUNTY
AGRICULTURAL (C-AG) ZONE TO INTERIM DEVELOPMENT -RESEARCH PARK (ID-
ORP) ZONE FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 1 AND
INTERSTATE 80 (REZ09-00006)
WHEREAS, Moss Green Development Corporation, hereafter referred to as Applicant, is
owner of approximately 60.67 acres of land located northwest of the interchange of Iowa Highway
1 and Interstate 80 and has requested annexation of said land into the City of Iowa City; and
WHEREAS, Neal N. Llewellyn and Hills Bank and Trust Company, Trustee of the Otologic
Medical Services, PC401(k) Profit Sharing Plan FBO Guy E. McFarland own approximately 71.35
acres of land located northwest of the interchange of Iowa Highway 1 and Interstate 80 and have
consented to annexation of said land into the City of Iowa City; and
WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation
according to the Iowa City Comprehensive Plan; and
WHEREAS, the Comprehensive Plan indicates that the subject property is appropriate for
future office and research park uses once road access and City services have been extended to
the area; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL.
Property described below is hereby reclassified from its current zoning designation of County
Agriculture (AG) to Interim Development- Office Research Park (ID-ORP):
LEGAL DESCRIPTION
MOSS GREEN DEVELOPMENT CORPORATION:
Apart of the subdivision of the Northeast One-Quarter of Section 35, Townghlp 80 North, Range 6 West
of the Fifth Principal Meridian, Johnson County, #owa, as recorded in Plat Book 1 apt Page 11 in the
Records of the Jrrhnson County Recorder, Johnson County, lava, more particularly described as follows:
E.ots Fvur {4}, Five (5}and Ten f iQ} and the South ni-se (9} acrses of #.ot Six (6}, and the South 12-1/2 acres
of Ldt fight (8), ail of the subdivision of Northeast Quarter of Section 35, Township 8Q North, Range 6
West of the Fifth Principal Meridian, Johnson County, Iowa, containing 50.67 acres, mare ar less.
HILLS BANK & TRUST and NEAL N. LLEWELLYN:
The Southwest Quarter of the of the Northwest Quarter of Section 3ti, Township 80 North, Range 5
West of the Fifth Principal Mcrldian, Johnson County, Iowa and that portion of The Southeast Quarter of
the of the Northwest 4uarter of Section 36, Township 8Ct North, Range 6 West of the Fifth Principal
Merldian,lohnson County, Iowa lying West of Iowa Highway 1, (North bodge Street} containing 71..35
acres, more or less.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the
Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and
record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's
expense, upon the final passage, approval and publication of this ordinance, as provided by law.
Ordinance No.
Page 2 of 2
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance'are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of , 2010.
MAYOR
ATTEST:
CITY CLERK
Ap roved by
Gtt~ J~'ll~i.~
City Attorney's Office ~/a fro
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 2 / 16 / 2010
VOteforpaSSage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims,
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
~~
Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5251
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 132 ACRES OF LAND FROM COUNTY
AGRICULTURAL (C-AG) ZONE TO INTERIM DEVELOPMENT -RESEARCH PARK (ID-
ORP) ZONE FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 1 AND
INTERSTATE 80 (REZ09-00006)
WHEREAS, Moss Green Development Corporation, hereafter referred to as Applicant, is
owner of approximately 60.67 acres of land located northwest of the interchange of Iowa Highway
1 and Interstate 80 and has requested annexation of said land into the City of Iowa City; and
WHEREAS, Neal N. Llewellyn and Hills Bank and rust Company, Trustee of the Otologic
Medical Services, PC401(k) Profit Sharing Plan FBO y E. McFarland own approximately 71.35
acres of land located northwest of the interchange of wa Highway 1 and Interstate 80 and have
consented to annexation of said land into the City of I wa City; and
WHEREAS, land ' Hexed into Iowa City must ave an appropriate City zoning designation
according to the Iowa C Comprehensive Plan; a d
WHEREAS, the Co rehensive Plan iodic es that the subject property is appropriate for
future office and research ark uses once roa access and City services have been extended to
the area; and
WHEREAS, the Planning nd Zoning C mmission has reviewed the proposed r~oning and
determined that it complies wit the Compr ensive Plan; o
NOW, THEREFORE, BE IT RDAIN D BY THE CITY COUNCIL OF TI~c61T~F IO~A
CITY, IOWA: ~'"~ ~' °~
SECTION I APPROVAL. ~~ cv ~
Property described below is here reclassified from its current zoning des~gnation~of City
Agriculture (AG) to Interim Devel ent- Office Research Park (ID-ORP): o~ ~
coo
LE L DESCRIPTION °~` o
MOSS GREEN DEVELOPMEN CORPO TION: `~'
A part of the subdivision of the rtheast One'~uarter of Section 35, Township 80 North, Range 6 West
of the Fifth Principal Meridian, hnson County,l4t~wa, as recorded in Plat Book 1 at Page 11 in the
Records of the Johnson Count Recorder, Johnson~C,ounty, Iowa, more particularly described as follows:
Lots Faur {4j, Five fSl and Te X10) and the South nine (9) acres of Lot Six (6)y and the South 12-1/2 acres
of Lat Eight ($}, all of the s division of Northeast quarter of Section 35, Township 80 North, Range 6
West of the Fifth Principal eridian, fohnson County,, Iowa, containing 60.67 acres, more or legs.
HILLS BANK & TR T and NEAL N. LLEWELLYN:
The Southwest Qua er of the of the Northwest Quarter of Section 36, Township 80 North, Range 6
West of the Fifth incpal Meridian,lohnson County, Iowa and that portion of The Southeast Quarter of
the of the North est Quarter of Section 36, Township 80 North,'~Range 6 West of the Fifth Principal
Meridian,lah on County, lows lying West of Iowa Highway 1(NOrth Dodge Street) containing 71.35
acres, more r less.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendlv~ent upon the final
passage, approval and publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the
Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and
record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's
expense, upon the final passage, approval and publication of this ordinance, as provided by law.
Ordinance No.
Page 2 of 2
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or nconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or ny section, provision or part thereof not adjudgedrinvalid or
unconstitutional.
SECTION VI. EFFEC VE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as rovided by law.
Passed and approved this
MAYOR
Approved by
City Attorney's Office
day of , 2010.
ATTEST:
CITY CLERK
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STAFF REPORT
To: Planning & Zoning Commission
Item: ANN09-00001 / REZ09-00006
GENERAL INFORMATION:
Prepared by: Karen Howard
Date: December 17, 2009
Applicant: Moss Green Development Corporation
3354 Kenruth Circle
Iowa City, IA 52240
319-351-8593
Owners Moss Green Development Corporation
(address same as above)
Neal Llewellyn &
Catherine Chase Trust
Hills Bank & Trust Co.
P.O. Box 100
Hills, IA 52235
Contact Person: Wally Pelds
2323 Dixon Street
Des Moines, IA 50316
Phone: (515)265-8196
Requested Action: Voluntary Annexation and Rezoning
Purpose: To facilitate construction of a portion of Oakdale
Boulevard, which would provide vehicular access
from Hwy 1 to the applicant's property located west
of the NCS Pearson property and to allow the
applicant's property to be incorporated into the City
of Iowa City for future development
Location:
Northwest of the intersection of Hwy 1 and
Interstate 80
Size: Approximately 132.02 acres (approximately
109.23 acres if only a portion of the Neal
Llewellyn and Catherine Chase Trust properties are
included)
Existing Land Use and Zoning: Farmland and natural areas surrounding Rapid Creek
- County AG
2
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
North: Farmland & rural residential -County-AG
South: Farmland & Office Research - ID-ORP & ORP
East: Farmland and rural residential -County AG & R
West: Farmland and rural residential -County R
North Corridor District -Office Research park uses and
protection of Rapid Creek floodplain
November 12, 2009
No limitation with annexation
The Moss family has owned and farmed the land west of NCS Pearson for many years. The
family no longer wishes to farm the land and has recently formed a partnership, the Moss
Green Development Corporation, with the intent of developing the property as an office
research park. The corporation's approximately 1 1 1-acre property west of NCS Pearson is
located within Iowa City's corporate limits and is zoned Interim Development- Research Park.
This designation indicates that the land would be suitable for future development of research
and office uses, similar to other development in the area, once road access and infrastructure is
extended to allow for development. Since access to Highway 1 is blocked by the NCS Pearson
development, the applicant is requesting annexation of land directly north and northwest of
NCS Pearson, so that a road can be extended to their property to facilitate development.
The JCCOG Arterial Street Plan, an element of the City's Comprehensive Plan, indicates that
Oakdale Boulevard is planned to extend from Dubuque Street to Highway 1 in the general
vicinity of the applicant's property. A location study was completed for the City of Iowa City
in 2003, which identified several acceptable routes for extending Oakdale Boulevard. One of
the possible routes illustrated in the report extends across the property proposed for
annexation. Construction of Oakdale Boulevard using this alignment would provide a means of
access to the applicant's larger parcel. While it is in the City's long range plans to extend this
arterial street, it is not included within the City's current 5-year Capital Improvements Program
(CIP) budget. The CIP is used as a tool to guide the location and timing of growth in the
community and it is reviewed and priorities established on an annual basis by the City Council.
Since the extension of Oakdale Boulevard is not currently listed as a priority in the CIP, the
applicant has indicated their intention to construct, at their own expense, the portion of
Oakdale Boulevard that will allow development of their property.
The applicant originally requested a planned development overlay rezoning. However, since
their plans are in the preliminary stages and the details and timeline of extending roads and
infrastructure to the site have yet to be determined, staff recommended and the applicant has
concurred that the most appropriate zoning designation at this time is Interim Development -
Research Park zoning (ID-RP), which is the same as the zoning on their property that is already
within the City limits and is consistent with the zoning of adjacent land near the Hwy 1,
Interstate 80 interchange.
As shown on the attached annexation exhibit provided by the applicant, a portion of the land
proposed for annexation is under the ownership of Neal Llewellyn and Hills Bank and Trust as
trustee for Guy and Bonnie McFarland. The applicant has obtained the consent of the owners
of this land to the extension of the roadway across their property and the annexation of any of
3
their property that lies south of the northerly right-of-way line of the proposed roadway
(portions of parcels identified as 0736251001 and 0736276001 as shown on the attached
parcel ID map) to Iowa City. Staff recommends that the area to be annexed include these
entire parcels, so that land on both sides of the proposed arterial street is within the City limits.
Inclusion of this additional land will ensure that any future plan for development of the land
north of the proposed Oakdale Boulevard is compatible with adjacent development, the City's
comprehensive plan, zoning ordinance, and sensitive areas ordinance. The applicant is in the
process of requesting permission from these property owners to include the entire parcels
within the annexation. Since this matter is not yet resolved, staff has included location maps
and annexation exhibits that illustrate both annexation scenarios.
ANALYSIS:
Annexation
The Comprehensive Plan has established a growth policy to guide the decisions regarding
annexations (pp. 13-17 of the Comprehensive Plan -copy attached). The annexation policy
states that annexations are to occur primarily through voluntary petitions filed by the property
owners. Further, voluntary annexation requests are to be reviewed under the following three
criteria.
1 . The area under consideration falls within the adopted long-range planning boundary.
The area proposed for annexation largely falls outside the adopted long-range planning
boundary for Iowa City. Given that the City has not completed a detailed district plan
for this area, it is premature to consider a significant outward adjustment of the growth
area limit. However, a small adjustment may be warranted in order to allow a property
that is currently within the City limits to develop for the uses anticipated by the zoning
and the comprehensive plan. The 1 1 1-acre Moss property located directly west of NCS
Pearson does not have road access and therefore cannot be developed for the office-
research park uses that were anticipated with the current ID-RP zoning. According to
the City's comprehensive plan, "The I-80 interchange with Highway 1 provides one of
the few opportunities for office research park development in Iowa City. National
Computer Systems and ACT are successful examples of this type of development. With
the tone set by these two companies and the advantages of interstate exposure, land
around this interchange should continue to be preserved for office research park and
research development park opportunities."
The intent of the subject annexation is to allow for the extension of an arterial street,
Oakdale Boulevard, which is anticipated in the JCCOG arterial street plan. Since this
roadway will need to be built to urban arterial street standards to meet the needs of
office and research park uses, it is in the best interests of the City to shift the growth
boundary north to include this future arterial street. While the JCCOG arterial street plan
projects a need for the extension of this arterial street across the northern portion of the
community in the future, the City Council did not anticipate an immediate demand for
this road extension and has not committed funds for its construction in its capital
improvements budget. The applicants, however, project a ready market for land for
research park and office uses in this location and are requesting this annexation to allow
for the roadway extension sooner than anticipated. The applicants are currently working
on a plan to build the road and the infrastructure at their own risk and expense, with
the intent to recoup the cost of construction as development occurs through an
4
agreement with the City.
The growth area limit in this area generally follows the Rapid Creek stream corridor. The
City Engineer has confirmed that it is possible for the City to provide water and sewer
service to land on both sides of the stream corridor with the lift station in the area.
For the reasons stated above, staff finds that an adjustment to the City's growth area
limit may be warranted. Without this adjustment, the annexation will not meet the
stated policies of the City. Therefore, Staff recommends that the Commission set a
public hearing for your next meeting on January 7 to consider a comprehensive plan
amendment to adjust the growth area boundary to include the property proposed for
annexation.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City.
At stated in section 1, above, the City's comprehensive plan identifies the area around
the Interstate 80 interchange with Hwy 1 as an ideal location for office research park
development. In recent years there has only been modest growth in office research park
development in this area. This modest growth rate may be attributed to general
conditions in the market and also competition from the University of Iowa Oakdale
campus. The applicants indicate that their analysis reveals a ready market for "green
technology" businesses, and are requesting annexation of the land to allow
infrastructure to be put into place so that their property can be made "shovel ready" for
this market. Given the current state of the economy and the constraints on the city
budget, it is unlikely that the City will have the funds to extend infrastructure to this
area in the near future. However, it is in the interest of the City to facilitate economic
development of land located within the city limits. The proposed annexation will make it
possible to extend Oakdale Boulevard and other infrastructure to land already within the
city limits, which will facilitate development anticipated by the comprehensive plan. If
the applicant is willing to extend this infrastructure at their own expense and risk at this
time, the proposed annexation may provide a means to meet future needs without an
undue burden on the City's taxpayers. Staff, however, recommends Interim
Development zoning until such time as concrete plans are in place for the extension of
roads and services necessary for the development of the land.
3. Control of the development is in the City's best interest.
It is in the City's best interest to control this land as it is the location where a major
arterial street extension is anticipated. A location study for the extension of Oakdale
Boulevard from Coralville across the North Corridor to Iowa City was completed in
2003. The City has identified several reasons that Oakdale Boulevard will need to be
extended: to provide local access to developable areas within the City's growth area;
to accommodate through traffic and fill a gap within the arterial street network; and
to relieve traffic congestion from existing streets, particularly North Dodge Street
(Highway 1) and First Avenue. Based on this study, the City of Iowa City, the City of
Coralville, and Johnson County entered into a 28E agreement that fixed the locations
of the intersections of the future Oakdale Boulevard with other major roadways,
including Highway 1. While the intersection locations are fixed, the Cities and County
agree that the general alignment may vary within the parameters and alternative
alignments identified in the location study. The applicants are proposing to construct
5
the roadway in the general vicinity of "alternative 3A," which is the preferred
alignment identified in the location study.
Since the current property owners are willing to allow the road extension across their
property and have requested annexation, it is in the City's best interest to take this
opportunity to bring this land into the City.
The Comprehensive Plan states that voluntary annexation requests should be viewed positively
when the above conditions exist. In staff's view, these conditions have been met for this
voluntary annexation request, provided that the City's comprehensive plan is amended to shift
the growth area limit to include the subject properties.
Rezoning
Comp/ince with the Comprehensive P/an: While a detailed district plan has not been
completed for the North Corridor Planning District, the Comprehensive Plan adopted in 1997
indicates that the area around the Interstate 80 interchange with Highway 1 is an ideal location
for office research park uses. The applicant intends to develop the property for office and
research development firms consistent with the comprehensive plan. Since infrastructure,
including roads, sewer and water service have yet to be extended to the property staff
recommends Interim Development -Research Park (ID-RP) zoning until definitive plans and
funding for the extension of these services are in place. The interim development designation
is used as a means of managing the City's growth. This zoning designation is an indication that
this is an area that is anticipated for urban growth, but is currently suitable for agricultural and
other non-urban uses of land until such time as City infrastructure and services are made
available. Once a plan and funding are in place to extend infrastructure and services, the
property owner may initiate rezoning to a designation that would allow urban development
consistent with the City's comprehensive plan.
As stated in the annexation analysis above, the comprehensive plan should be amended
concurrently with annexation and rezoning to indicate an adjustment to the City's growth area
limit.
Streets and traffic circu/ation: As illustrated on the attached parcel map submitted by the
applicant, the alignment of the proposed Oakdale Boulevard extends across the properties
proposed for annexation. A local commercial loop street would intersect Oakdale Boulevard in
two places. The concept is for development to occur along both this loop street and along
Oakdale Boulevard on portions owned by the Moss Green Development Corporation. The
parcels owned by Neal Llewellyn and the Catherine Chase Trust set up for the benefit of Guy
and Bonnie McFarland (Shown on the map as Parcel ID: 0736251001 and 0736276001)
would remain undeveloped for the foreseeable future. Those property owners have given
permission for annexation and for Oakdale Boulevard to be extended across the property, but
do not have any plans to develop their land for urban uses. From the aerial photograph it is
evident that the southern portion of these properties contains a number of sensitive
environmental features including the Rapid Creek stream corridor and extensive woodlands.
Any future development in this area would be difficult and would require a detailed
environmental analysis.
Streets must be designed to City standards and be extended to the property line so that
connectivity is ensured between properties as the land develops. A 100-foot right-of-way is
required for Oakdale Boulevard. Due to the meandering nature of Rapid Creek, the Oakdale
6
Boulevard alignment proposed by the applicant would require three bridge crossings, which will
add to the cost of constructing the roadway, but will allow good access for the property the
applicant intends to develop. The location study for Oakdale Boulevard states that "the
physical conditions in this corridor will pose some significant challenges to the construction of
any roadway." It should be emphasized that the City has not budgeted funds to construct
Oakdale Boulevard at this time. The property should retain the Interim Development zoning
designation until such time as the City has budgeted funds to extend Oakdale Boulevard or
until the developer has definitive plans to construct the roadway at their own risk and expense.
City Services:
The City Engineer has indicated that it is possible to extend sewer and water service to the
Moss property. Preliminary analysis of the Highlander sanitary sewer lift station indicates there
is adequate capacity to service the proposed development. However, prior to any
development, the applicant will need to submit calculations to confirm the capacity. The City
has considerable capacity within the system to provide water service to this area. A water
main extension from North Dodge Street will be necessary. The developer is responsible for
extending these services to their property.
Environments//v Sensitive Areas: Both the land proposed for annexation and the larger Moss
property contain sensitive environmental features including woodlands, a stream corridor and
flood plain, steep slopes, and potential wetlands. Prior to any type of development activity a
detailed environmental analysis and sensitive areas development plan will need to be completed
and submitted for review. The applicants have indicated their desire to develop the property in
an environmentally sensitive manner, perhaps even showcasing "green" development
techniques as a marketing tool.
STAFF RECOMMENDATION:
Staff recommends that ANN09-00001 and REZ09-00006, an annexation to the City of Iowa
City and rezoning of approximately 132.02 acres of land from County Agriculture - AG to
Interim Development-Research Park, be approved, subject to a comprehensive plan amendment
adjusting the City's growth area limit to include the area being annexed.
ATTACHMENTS:
1 . Location maps
2. Annexation map exhibits
3. Parcel map
4. Iowa City Growth Policy (excerpted from the Comprehensive Plan)
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Annexation
MOSS GREEN DEVELOPMENT CORPORATION:
Apart of the subdivision of the Northeast One-Quarter of Section 35, Township 80
North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded
in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson
County, Iowa, more particularly described as follows:
Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the
South 12-1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section
35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County,
Iowa, containing 60.67 acres, more or less.
CHASE TRUST:
Portions of the Southwest and Southeast Quarters of the of the Northwest Quarter of
Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson
County, Iowa lying south of the following described course:
Beginning at the West'/ corner of said Section 36; THENCE North 0°37'11" West along
the West line of said Section 36, a distance of 557.87 feet to the Point of Beginning;
THENCE along a curve to the left having a radius of 1,945.00 feet, a delta of 10°56'12",
an arc length of 371.26 feet, and a chord which bears North 61°25'39" East having a
chord distance of 370.70 feet to a point of tangency;
THENCE North 55°57'33" East a distance of 418.25 feet to a point on a curve; THENCE
along a curve to the right having a radius of 1,055.00 feet, a delta of 73°05'09", an arc
length of 1,345.74 feet, and a chord which bears South 87°30'40" East having a chord
distance of 1,256.34 feet to a point of tangency;
THENCE South 50°58'06" East a distance of 557.87 feet to the point of terminus;
AND
lying West of Iowa Highway 1 (North Dodge Street),
containing 48.56 acres, more or less.
Moss-Green Urban Village
Legal Descriptions
Moss-Green Urban Villase
A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 west
of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the
Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows:
Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres
of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6
West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less.
And
All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast
Quarter lying North of the Interstate 80 Right-of-Way line and the East 63.75 acres of the West Half of
the Southeast Quarter lying North of the Interstate 80 Right-of-Way line, all of said Section 35, Township
80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly
described as follows:
BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth
Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet to
the North Right-of-Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of-
Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right-of-
Way line of Interstate 80, North 88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55"
West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township
80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89°41'57"
East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of
the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF
BEGINNING, containing 111.22 acres, more or less.
Annexation
MOSS GREEN DEVELOPMENT CORPORATION:
Apart of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West
of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the
Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows:
Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres
of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6
West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less.
CHASE TRUST:
The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6
West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of
the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal
Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35
acres, more or less.
13
iuwfl cm
GBOWfN POLICY
In 1993 the City Council adopted amendments to Iowa City's Com-
prehensive Plan which established a growth policy for the city.
The growth policy is an integral part of the Comprehensive Plan,
and establishes three specific policies pertinent to any discus-
sion of growth and development:
(1) It defines a long-range planning boundary for Iowa City;
(2) It establishes when annexations should occur; and
(3) It establishes where the investment of public funds for in-
frastructure improvements should occur.
This growth policy refines the policy adopted in 1993 so that it
reflects current development pressures and decisions, and guid-
ance provided by the Beyond 2000 vision statements.
1. The Long-range (20-30 year) Planning Boundary
The sanitary sewer service area shown in Figure 2 defines the
long-range planning boundaryfor Iowa City. Based on Iowa City's
annual growth rate, the land available within the long range plan-
ning boundary should be sufficient for Iowa City's growth until at
least the year 2020. The sanitary sewer service area is generally
based on watershed boundaries and defines the eventual corpo-
rate limits for the purposes of long-range planning. Guiding new
developments to watersheds which can be served by gravity flow
sanitary sewer to the City's sewage treatment plant enables the
most cost effective provision of this City service. Sanitary sewer
and streets are the most expensive items of public infrastructure
which must be provided to new development. The long-range
growth area boundary should be used when making decisions
regarding the extension of infrastructure, the approval of subdivi-
sions, the approval of agreements with other governmental juris-
dictions regarding growth, and in response to annexation requests.
15
iowfl cm
GROWfN POLICY
Reconstruction of a sanitary sewer line
under Clark Streef.
With adoption of the growth policy in 1993, it was pointed out that
existing and planned improvements to the sewer system could
serve an additional 700 acres beyond the designated growth area.
The location of this 700 acres was generally identified as north of
I-80 since collection capacity exists in the River Corridor Trunk
line. The specific property to be served was not delineated since
there is no clear watershed demarcation. As development
progresses east of First Avenue in Coralville to Dubuque Street
and residential subdivisions in the North Corridor continue to pro-
liferate, it is appropriate for Iowa City to identify the 700 acre ser-
vice area more specifically to facilitate clear development agree-
ments with Coralville and Johnson County.
As shown in Figure 2, the amended long-range planning bound-
aryfor property north of I-80 is defined by the Iowa River and Rapid
Creek. The area extends east to a line roughly along the existing
corporate limits of Iowa City. Any area north of I-80 will require a
lift station to access the gravity flow sanitary sewer system via
the Bjaysvilie Lane sewer or be served by the Highlander lift sta-
tion. The land denoted as part of the amended growth area can
be served most efficiently, allows for the most compact develop-
ment in relation to the rest of the city, and does not require a river
crossing. Development within this area can also occur without
the necessity of bridging Rapid Creek.
The growth boundary adopted in 1993 has also been amended to
reflect the decision made regarding the alignment of Highway 965.
The new boundary on the west side of Iowa City is shown con-
ceptually as aline which runs south from Highway 218 along the
alignment of Hurt Road and then along the east property fine of
the Iowa City Landfill to Rohret Road. The decision regarding
Highway 965, the location and planned expansion of the landfill,
and anticipated pressures to develop land west of the current cor-
porate limits support moving the long-range planning boundary
west. Development will be limited in the short term by the capac-
ityand location of sanitary sewers. Discussion of capital improve-
ments needed to serve this new boundary are included in the per-
tinent Planning District sections of the Comprehensive Plan.
2. Annexation Policy
Growth and development outside the corporate boundaries, within
the long-range planning area and beyond, is influenced by the City
through annexation and the Iowa City/Johnson County Fringe
Agreement (see Fringe Agreement discussion below). Annex-
ationsoccur, primarily, in response to petitions filed by the owners
of property to be annexed. Voluntary annexation should be viewed
positively when the following conditions exist:
(1) The area under consideration falls within the adopted long-
rangeplanning boundary,
(2) Development in the area proposed for annexation will fulfill
an identified need without imposing an undue financial
burden on the City, or
16
(3) Control of development is in the City's best interest.
The third condition of this policy has been amended from the 1993
version to extend the area of control from the entryways to Iowa
City into the entire growth area. This reflects the intent of the City
to take a proactive role, consistent with the vision statement, in
annexation of the designated growth area. The annexations wilt
still be achieved through voluntary means. Involuntary annexations,
which are initiated by the City against the property owners' wishes,
are considered only under extraordinary circumstances. When
considering the merits of a proposed annexation or development,
the impact of increased vehicular traffic on any street, currently at
or near capacity, will be studied and the results will be included as
an additional factor in that decision.
Refer to the vacant residential land inventory in Appendix B for
more detail on land available for residential development within
the corporate limits and in the growth area.
3, Prioritization of Investment in Infrastructure.
When the City prioritizes public investment in infrastructure and
public amenities, the obligations to properties within the corporate
limits of Iowa City that further the concept of compact and con-
tiguousgrowth should generally take precedence. This policy will
be used as a guide in prioritizing the City's Capital Improvement
Program (CIP). The CIP is one of the most effective tools the City
has to affect the timing and direction of growth, the quality of life,
the growth of basic industry, and the cost of housing. Historically,
the City has invested in infrastructure to accommo-
date moderate growth rather than building infra-
structure prior to development. fn the future, ef-
fortswill be made on the part of the City Council to
use the Capital Improvements Program to guide
more effectively the location and timing of growth
in the community through an annual review and
prioritization of the CIP prior to the budget process.
Fringe Area Agreement
State enabling legislation permits a city to regulate
the subdivision of land within two miles of the city's
corporate boundaries. This area is known as the
urban fringe. Counties that enact zoning ordinances
control the land uses permitted in this same area
through zoning.
In the interest of managing development in Iowa City's two-mile
area in a mutually acceptable manner, Johnson County and Iowa
City have agreed on the appropriate -and uses and standa~tions
development. As Johnson County considers rezoning app
and Iowa City reviews subdivisions, their decisions will be gov-
erned by the Iowa City/Johnson County Fringe Area Policy Agree-
ment. See Appendix C for a copy of the current agreement.
The Agreement focuses exurban development in the area north
iowfl cm
GBOWIN POLICY
Farmland in Iowa City's southern tr~nge area.
17
10~~ ~~ of Iowa City, encourages development in Iowa City's growth area
C only upon annexation, and provides some incentive for the pres-
ervation of open space and environmentally sensitive features.
G ~ O Growth and the Environment
IArfN P ~I
0 CY
Environmental protection is a basic tenet of Iowa City's vision for
the future. As growth and development occur, they should be
managed such that the environmental quality of the community is
not sacrificed. Measures should betaken in all private and public
projects to ensure that any impacts on identified environmental
features are minimized.
In 1993, the City commissioned an inventory of en-
vironmentallysensitive areas. This inventory maps
the general location of woodlands, wetlands, regu-
lated slopes, hydric soils, prairie remnants, stream
corridors, and archaeological sites (see Appendix
D). Based on the information provided in the inven-
tory, an ordinance was adopted in 1995 to provide
protections for the identified environmentally sensi-
tiveareas. The ordinance requires consideration of
environmental features during the development pro-
cessand encourages construction that respects and
protects natural areas. As the City continues to grow
and redevelop, natural areas that contribute to the
health and character of the city will be protected.
A wooded ravine in north Iowa City.
M~
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 10-4382
AN ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHISES", SECTIONS 12-5-1
ENTITLED "ELECTRIC FRANCHISE FEE" AND 12-5-2 ENTITLED "GAS FRANCHISE FEE"
TO REPEAL THE TWO PERCENT (2%) FRANCHISE FEE AND ENACT A ONE PERCENT
(1%) FRANCHISE FEE ON THE GROSS REVENUE OF THE FRANCHISEE MIDAMERICAN
ENERGY COMPANY DERIVED FROM THE DISTRIBUTION AND RETAIL SALE OF
ELECTRICITY AND THE DISTRIBUTION, DELIVERY AND RETAIL SALE OF NATURAL
GAS BY MIDAMERICAN, OR OTHER NATURAL GAS PROVIDERS UTILIZING THE
DISTRIBUTION SYSTEM OF MIDAMERICAN, TO CUSTOMERS WITHIN THE CURRENT OR
FUTURE CORPORATE LIMITS OF THE CITY OF IOWA CITY.
WHEREAS, Iowa City's current gas and electric franchises with MidAmerican Energy Company
reserve to the City the right to impose a franchise fee on MidAmerican's gross revenue from the
sale of electricity and natural gas; and
WHEREAS, Senate File 478 enacted by the state legislature during the 2009 session legalized
such a franchise fee; and
WHEREAS, Senate File 478 requires the City, prior to adopting a franchise fee rate ordinance,
to prepare and publish a Revenue Purpose Statement specifying the purpose or purposes for
which the revenue collected from the franchise fee will be expended; and
WHEREAS, by Ordinance No. 09-4374 the City Council adopted a 2% franchise fee to be
effective April 1, 2010; and
WHEREAS, the City's franchise agreement with MidAmerican Energy requires 90 days notice of
any franchise fee put into effect by the City; and
WHEREAS, it is in the best interest of the City of Iowa City to repeal said 2% franchise fee and
adopt, in lieu thereof, a 1 % franchise fee effective June 1, 2010; and
WHEREAS, the Revenue Purpose Statement and notice of public hearing on this ordinance
was published on January 28, 2010.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. AMENDMENTS.
TITLE 12, CHAPTER 5, ENTITLED "FRANCHISE FEES": is hereby amended by repealing Sections 12-
5-1 entitled "Electric Franchise Fee" and 12-5-2 entitled "Gas Franchise Fee" and substituting the
following sections in-lieu-thereof.
Ord. No. 10-4382
Page 2
12-5-1 Electric Franchise Fee
Pursuant to Section 12-1-16 of the City's franchise agreement with MidAmerican Energy Company
(hereinafter "Company"), there is hereby imposed upon the Company a franchise fee in an amount
equal to one percent (1 %) of the gross revenue of the company, minus uncollectible accounts, derived
from the distribution, delivery and retail sale of electricity by the company to customers within the current
or future corporate limits of the city, commencing with gross revenue received on or after June 1, 2010.
12-5-2 Gas Franchise Fee
Pursuant to Section 12-2-13 of the City's franchise agreement with the Company, there is hereby
imposed upon the Company a franchise fee in an amount equal to one percent (1%) of the gross
revenue of the company, minus uncollectible accounts, derived from the distribution, delivery and retail
sale of natural gas by the company or other natural gas providers utilizing the distribution system of the
company, to customers within the current or future corporate limits of the city, commencing with gross
revenue received on or after June 1, 2010.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication.
Passed and approved this 16tlday of Februa~,v , 2010.
~~- ~ ~ ~o
MAYOR
ATTEST: ~ ~ ~~'~
CITY ERK
pp ved by
l ;~` - ~D
City Attorney's OfFce
It was moved by Wilburn and seconded by Champion that the Ordinance
as read by adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
x Dickens
~ Hayek
~ Mims
~ Wilburn
x Wright
First Consideration ~ 2 ~ 2010
ABSENT ~r.passage:AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None
Secon~~onsideration ------------------°---
Vote for passage:
Date published 2/24/2010
Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Dickens,
Hayek, Mims, Wilburn. NAYS None. ABSENT: None.
10
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE
REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO PROHIBIT
ELECTRONIC SIGNS ON TAXICABS AND TO CLARIFY VEHICLE INSPECTION
REQUIREMENTS.
WHEREAS, the City Code does not address electronic signs on taxicabs, and although state law
prohibits "flashing lights" on vehicles, it is not clear that an electronic sign is a "flashing light" because the
state does not define "flashing light;"
WHEREAS, electronic signs on taxicabs are a distraction and a safety risk; and
WHEREAS, the City Code implies, but does not specifically provide, that a vehicle shall not pass
inspection unless it complies with the City Code and the vehicle requirements in the Code of Iowa; and
WHEREAS, it is in the public interest to adopt these amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4 entitled
"Vehicle Inspection Required," Subsection A, Paragraph 1 is amended by deleting the first paragraph and
substituting the following:
Each applicant for issuance or renewal of a taxicab decal shall submit, with the application, a certificate
of inspection issued by the city equipment superintendent or designee. Such certificate and shall be valid
for forty five (45) days from the inspection. Each vehicle governed by this chapter shall be subject to an
annual inspection, and no vehicle shall pass inspection unless it complies with this chapter and the vehicle
equipment requirements of the Code of Iowa.
2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 8 entitled
"Vehicle Requirements," is amended by adding the following new Subsection D:
Electronic signs and animated signs on taxicabs are prohibited. Animated sign means any sign or part of
a sign which, through the use of moving structural elements, flashing or sequential lights, lighting
elements, or other automated method, results in movement, or the appearance of movement. Electronic
sign means a sign that displays a changing message through the use of an electronically controlled and
illuminated medium.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2010.
n. ~,._. "1!I
MAYOR -"
ATTEST:
CITY CLERK
Approved by
~ ~'~~ ~ ~~'e.
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 2 / 2 / 2010
Vote forpaSSage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS:
Wright. ABSENT: None.
Second Consideration 2 / 17 / 2010
Vote for passage: AYES: Hayek, Wilburn,Bailey, Champion. NAYS: Wright, Mims, Dickens
ABSENT: None.
Date published